HIGH‐CONFLICT CONTACT DISPUTES: EVIDENCE OF THE EXTREME UNRELIABILITY OF SOME CHILDREN'S ASCERTAINABLE WISHES AND FEELINGS

This article challenges an increasing orthodoxy regarding the weight which courts might place upon the expressed views of children in a specific situation—high‐conflict contact disputes. I am a child psychiatrist who acts as an expert witness within the family courts of England & Wales. I have conducted a statistical analysis of cases in which I have conducted assessments of children caught in such disputes between their separated parents. Fifty‐eight children met the criteria for inclusion in the study—the child's consistent opposition to contact with the non resident parent (NRP), despite the court having determined that there was no good reason to constrain contact. My assessment routinely included attempted observation of the child at a visit with the NRP. Despite their stated views most children had a positive experience in those visits that took place, and despite the fact that most had not seen the NRP for a long time. Overall there was a statistical association between increased resistance to contact and the greater age of the child and the longer the time during which no contact had occurred. However, the responses of children and young people were unpredictable and it was impossible to conclude that apparent maturity or intelligence was a guide to the reliability of their expressed resistance. The possible reasons for this unreliability are discussed. I emphasize that my sample of children is unusual as many of the cases had involved serious, though unfounded, allegations of abuse. In addition most of the children showed indications of having become “alienated” from the NRP. I conclude that courts might exercise caution when evaluating the views of children and young people in this situation, and emphasises that assessors should consider including at least one observation of the child at a prolonged visit to the NRP. Because of the new orthodoxy some parents may be tempted to misuse their child's right to a “voice” in court in order to achieve their own ends. Practitioners who advise courts may need to be more aware of these difficulties.     

FAMILY DEFINITIONS AND CHILDREN'S RIGHTS IN CUSTODY DECISION MAKING: THE IMPORTANCE OF A CHANGING LITIGANT CONTEXT

Recent scholarship has advocated two distinct approaches to promoting the preservation of children's attachment relationships during custody disputes between their biological and nonbiological parents. Some scholars argue that legal recognition of expansive definitions of the family is the key to protecting children's attachments, while others argue that such protection is contingent upon legal recognition of children's rights. This research examines the efficacy of these competing arguments through an analysis of 75 cases decided in 21 states and the District of Columbia between 2004 and 2005. Findings suggest that judicial attention to definitions of the family is generally confined to cases involving specific types of litigants; namely, former homosexual partners, couples who utilized fertility technologies, former stepparents, and presumptive fathers. In these instances, attention to broad conceptions of the family is associated with the maintenance of children's attachment relationships. Beyond this particular context, however, judges focus almost exclusively on balancing children's interests and rights against those of their biological parents. These findings suggest that both children's rights and family definitions influence judicial decisions, but their impact is context specific. For those scholars advocating legal change, this is an important insight because it shifts the debate from an “either/or” focus to one that recognizes the importance of the litigant context in custody decision making.     

The Discriminant Validity of Perceptual Incivility Measures

Researchers have been unable to determine whether individuals’ estimates of incivilities can be separated from constructs such as crime and victimization. Accordingly, survey respondents’ perceptions of incivilities were compared first to their perceptions of neighborhood crime and then to their personal victimization experiences. Exploratory and confirmatory factor analyses revealed that perceptions of incivilities (of the physical variety) loaded on factors separate from personal victimization. It was not clear, however, whether perceptions of incivilities were independent from perceived crime. Even so, the findings provide some evidence that estimates of incivilities represent a construct separate from estimates of crime, thereby increasing the likelihood that certain perceptual incivility measures enjoy discriminant validity.     

A method for defleshing human remains using household bleach

Medical examiners and forensic anthropologists are often faced with the difficult task of removing soft tissue from the human skeleton without damaging the bones, teeth and, in some cases, cartilage. While there are a number of acceptable methods that can be used to remove soft tissue including macerating in water, simmering or boiling, soaking in ammonia, removing with scissors, knife, scalpel or stiff brush, and dermestid beetles, each has its drawback in time, safety, or potential to damage bone. This technical report using the chest plate of a stabbing victim presents a safe and effective alternative method for removing soft tissue from human remains, in particular the chest plate, following autopsy, without damaging or separating the ribs, sternum, and costal cartilage. This method can be used to reveal subtle blunt force trauma to bone, slicing and stabbing injuries, and other forms of trauma obscured by overlying soft tissue. Despite the published cautionary notes, when done properly household bleach (3-6% sodium hypochlorite) is a quick, safe, and effective method for examining cartilage and exposing skeletal trauma by removing soft tissue from human skeletal remains.     

The Stability Operations Industry: The Shared Responsibility of Compliance and Ethics

Abstract

Companies in the stability operations industry have been subjected to painstaking scrutiny while critics have ignored the value they bring to contingency operations and government clients. Moreover, the scope of the industry is often overlooked by critics who paint a picture of uncontrollable companies making ridiculous profits. In response, this article offers some insight on stability operations, contracting processes, pitfalls, and opportunities. The article then discusses some of the criticisms that surround the industry. These criticisms are often due to sensationalized reporting, and a significant problem is that reports on criminal activity such as fraud and abuse are exaggerated. In contrast, the far larger problem of waste due to poor client planning and oversight is glossed over. Finally, the article discusses industry self-policing efforts that have emerged to support the use of professional and compliant businesses in stability operations. Ultimately it is governmental regulatory enforcement and quality contracting practices that will do the most to marginalize unethical companies, reward better firms, and improve partnerships and success rates in stability operations globally.     

The Politics of Child Prostitution in South Africa

This paper argues that policies, interventions and discourses pertaining to child prostitution have been guided by overarching political agendas that have masked the underlying structural basis of this phenomenon. These political agendas have shifted in accordance with the locus of power, control and resistance in South Africa since the nineteenth century. On the basis of a historical analysis this paper identifies distinct periods in which child prostitution was used to legitimate policies in favour of social control rather than social development. In the colonial period, child prostitution was used to justify stricter controls on adolescent and adult women's sexuality and movement by colonial and traditional patriarchal authorities. In the colonial and Apartheid periods, policies on child prostitution were informed by fears of miscegenation and sexually transmitted diseases, which were used to support the racist and oppressive legislation of sexual behaviour. In the 1980s and early 1990s, the issue of child prostitution was ‘discovered’ in the press both to deflect attention from the incarceration of juveniles during the 1987 State of Emergency and as the basis upon which liberals attacked the Apartheid state. In the latter half of the 1990s and 2000s, it was used by the African National Congress (ANC) government to attack the moral legacy left by the Apartheid state and in turn deflect responsibility for the root causes of this phenomenon. Furthermore, child prostitution was used to support stricter controls on adult sex workers and on the movement of undocumented migrants. This politicised and sensationalist approach has undermined detailed analysis of the root causes of this phenomenon and children's motivation for engaging in prostitution. For many children in South Africa it has been one means by which they can exercise their agency and power in order to ensure their survival in the face of high levels of socio-economic deprivation and rapid socio-cultural change. This paper therefore proposes a shift from policies and interventions centred on social control to social development, based on an in-depth understanding of children's agency, risk and resilience.     

Pathways of Victimization and Resistance: Toward a Feminist Theory of Battered Women’s Help‐Seeking

Although intimate partner abuse has been extensively researched over the last thirty years, battered women’s help‐seeking remains perplexingly undertheorized, particularly within criminology. This analysis aims to offer a corrective by applying the feminist pathways theoretical model—which examines women’s and girls’ offending behaviors in the context of their past victimization experiences—to battered women’s help‐seeking. Data from in‐depth life history interviews with 22 battered women in two states indicate that the women’s childhood victimization experiences informed their adult help‐seeking decisions in meaningful ways. The primary theoretical contribution of this analysis is the identification of specific mechanisms—five help‐seeking inhibitors and three help‐seeking promoters—through which childhood victimization influenced participants’ help‐seeking. Results of this analysis demonstrate the benefit of a feminist pathways theoretical model of battered women’s help‐seeking in order to better understand how pathways of victimization and resistance develop over the course of women’s lives.     

Exploring Sex Differences among Sentenced Juvenile Offenders in Australia

Recent research applying latent class analysis (LCA) reveals considerable diversity in the self‐reported offending patterns of incarcerated females and suggests that a failure to recognize these patterns will hinder the ability to understand mechanisms that lead females to serious offending. Using data from a cohort of serious juvenile offenders in Queensland, Australia, this paper extends the earlier research by using LCA to assess sex differences in juvenile criminal offending. Results indicate that female offenders are not a homogenous group with respect to their offending patterns, that there is a degree of symmetry between male and female offenders, and that childhood experiences of maltreatment increase the likelihood of membership in the most serious offending group for both males and females. Implications for theory and policy as well as directions for future research are highlighted.     

我国职工体育社团组织培育机制分析

由于职工体育社团组织大多数脱胎于计划体制,表现出缺乏自主性的"先天不足"。半官半民的身份限制了组织独立运作的能力,妨碍了其发挥补充"政府"与"市场"盲点的作用。所以在现阶段,政府与社团组织在职能上会产生重叠。但随着改革的深入,体育社团组织的社会空间也将随之不断调整扩大,并通过外部监控、内部自律,建立起社会化服务模式。     

透析婚检

针对目前刑事诉讼实践中存在的问题 ,提出改革、完善我国律师刑事辩护制度的基本理念和若干建议